Case Digest (G.R. No. 191460)
Facts:
Perfecto M. Pascua v. Bank Wise, Inc. and Philippine Veterans Bank, G.R. No. 191460, and Bankwise, Inc. v. Perfecto M. Pascua and Philippine Veterans Bank, G.R. No. 191464, January 31, 2018, Supreme Court Third Division, Leonen, J., writing for the Court.
Perfecto M. Pascua (Pascua) was hired by Bankwise, Inc. (Bankwise) as Executive Vice President for Marketing on July 1, 2002. On September 29, 2004, Bankwise and Philippine Veterans Bank entered a Memorandum of Agreement for Philippine Veterans Bank to purchase Bankwise's outstanding capital stock; Philippine Veterans Bank allegedly assumed management on January 12, 2005 and appointed new directors and officers. After the takeover Pascua was reassigned to a Special Accounts Unit with ill-defined duties.
In early 2005 Pascua was told by Bankwise officers Roberto Buhain and director Vicente Campa that, as part of the merger/trade-off, he should tender his resignation and would be paid his money claims. Pascua initially resisted and on February 7, 2005 wrote a plea to remain, but on February 22, 2005 he tendered a short, categorical resignation letter stating it was "in accordance with the instructions of the previous owners of the bank." Subsequent correspondence shows Pascua seeking payment arrangements for his claimed severance and other monetary claims, and he alleged an acceptance of his resignation effective March 31, 2005.
When payment was not forthcoming, Pascua filed before the Labor Arbiter a Complaint for illegal dismissal and for unpaid money claims. The Labor Arbiter dismissed the complaint on November 25, 2005, ruling that Pascua had voluntarily resigned and stressing the Contract of Employment clause that oral agreements do not alter written terms. The National Labor Relations Commission (NLRC) reversed on October 31, 2007, finding constructive dismissal and ordering both banks to pay Pascua Php7,608,543.54. Both banks filed motions for reconsideration; the NLRC issued a March 14, 2008 Resolution denying the motions (the Resolution referred specifically to the December 14, 2007 motion but used wording implying both motions were denied). While the motions were pending, the Monetary Board declared Bankwise insolvent and placed it under receivership and later liquidation.
Philippine Veterans Bank petitioned the Court of Appeals for certiorari, contending Pascua's resignation was voluntary and that it should not be held liable. The Court of Appeals (July 13, 2009) affirmed that Pascua was constructively dismissed but excused Philippine Veterans Bank from liability, holding only Bankwise liable; its denial of reconsideration was issued February 22, 2010. Pascua and Bankwise separately filed petitions for review on certiorari with the Supreme Court (G.R. Nos. 191460 and 191464), which were consolidate...(Pro-only)
Issues:
- Did the NLRC March 14, 2008 Resolution finally dispose of Bankwise, Inc.'s Motion for Reconsideration so that the NLRC decision attained finality as to Bankwise?
- Was Perfecto M. Pascua constructively dismissed from his employment with Bankwise, Inc.?
- If Pascua was constructively dismissed, should Philippine Veterans Bank be held solidarily liable with...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)